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Informist, Wednesday, Sep 25, 2024

 

NEW DELHI – Expressing displeasure over the controversial comments by Karnataka High Court Justice V. Srishananda, the Supreme Court today said that no one could call any part of India "Pakistan", as this is fundamentally against the territorial integrity of the nation. 

 

Video clips circulated on social media recently showed Justice Srishananda referring to a Muslim-majority area of Bengaluru as "Pakistan" during a hearing in a landlord-tenant case. In another video, he was seen making objectionable remarks against a woman advocate during the hearing of a different case.

 

On Friday, the apex court had taken suo motu cognisance of the case.

 

Today, a Bench led by Chief Justice of India D.Y. Chandrachud closed further proceedings against Justice Srishananda after taking note of the fact that he had apologised for his comments. However, the top court asked lawyers and judges to be cautious of their statements in the future.

 

"Thus, casual observation may indicate personal biases, especially when perceived to be directed at a certain gender or community. Thus, one must be wary of making patriarchal or misogynistic comments. We express our serious concern about observations on a certain gender or a community and such observations are liable to be construed in a negative light. We hope and trust that responsibilities entrusted on all stakeholders are discharged without bias and caution," the top court said.

 

It said that in the era of social media and most courts live-streaming proceedings, judges and lawyers must be aware of the wider impact of observations on the community at large. "It is important that judges are aware of their own predispositions and the heart and soul of a judge is when they are impartial and only then can we deliver objective justice," said the court.

 

In a high court hearing on Aug 28, Justice Srishananda said, "Go towards the Mysore Road Flyover, every auto rickshaw has got 10 people...The Mysore Road Flyover from the market to Goripalya is in Pakistan, not in India. This is the reality... However strict an officer you send, he will be beaten. This is not on any channel."

 

In another case, he had reprimanded a woman lawyer for answering a question put to the counsel for the opposite party. The judge had said that the woman lawyer seemed to know a lot about the opposite party, and that she might even reveal the colour of his undergarments next. 

 

On demands by various sections of the Bar to halt live-streaming of court proceedings due to its misuse on social media, the top court said closure of doors was not an answer to this. "Should I tell you the answer to sunlight is more sunlight, not to suppress what happens in the courts because this is a very important reminder to everyone,” the court said. On Wednesday, the high court had temporarily barred the public from using or uploading videos of court proceedings, on a petition by the Advocates' Association, Bengaluru.  End

 

Reported by Surya Tripathi

Edited by Avishek Dutta

 

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